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Betts & Associates is committed to providing each of our clients with top quality legal representation and achieving successful outcomes for their cases. We specialize in representing individuals and businesses in all areas of complex civil litigation matters. Our firm provides legal services with skill, strength, and integrity to residents all over the state of Georgia.

Betts and Associates offer a wide range of skills in almost all areas of the legal practice. Our commitment to growing a wide range of more discrete practice areas allows us to better assess client needs and provide prompt and effective legal solutions. Our firm was founded on the belief in providing personal service and valuable legal counsel that addresses our client's needs creatively. After a decade, that has not changed. We ensure that every client's case is carefully handled every step of the way.

If you need advice about the best way to approach and resolve your case, consider Betts & Associates. To request a legal consultation, contact our office at 404-577-8888 to schedule an appointment. We are proud to provide personal service and practical solutions for those with even the most complex legal concerns.

Published on:January 30, 2013

Georgia Premises Liability Basics: Part I – The Duty of Care

Let’s say you’ve recently suffered from a slip and fall accident at a Georgia business. Then, you’re probably wondering how and what you can recover for your injuries. During the next few days, this blog will uncover the basics of Georgia premises liability.

Trespasser, Licensee, or Invitee?

Whether you can recover from an owner or occupier of land in Georgia depends on your classification as a trespasser, licensee or invitee. Landowners and occupiers of land owe different duties of care to each respective class; thus, it is important to establish your classification in any premises liability case.

A licensee is a person who (1) is neither a customer, servant, nor trespasser; (2) does not stand in any contractual relation with the owner of the premises; and (3) is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or gratification. O.C.G.A. § 51-3-2(a); Sands v. Lindsey, 314 Ga. App. 160, 723 S.E.2d 471 (2012).

An invitee is one who is induced by express or implied invitation to come onto an owner’s property. The typical invitee is a customer at a store but can also include employees of the owner to perform work on the property. Invitees may lose their status as invitees and become licensees if they exceed the scope of their invitation on the premises.

Duty Owed.

Let’s say you’re an invitee – what duty is owed to you by the owner/occupier on the premises?

In Georgia, an owner or occupier of land is liable to its invitees for injuries caused by its failure to exercise ordinary care in keeping the premises and approaches safe. Anderson v. Canup, 731 S.E.2d 786 (Ga. Ct. App. 2012).
This is basically a duty of ordinary care. And, though an owner or occupier is not an insurer of an invitee’s safety; the law does require that he use such diligence toward making the premises safe as an ordinary prudent person would in such ways as he or she would be accustomed to use the premises. O.C.G.A. § 51-3-1. Kouche v. Farr, 730 S.E.2d 45 (Ga. Ct. App. 2012).

Common carriers and innkeepers owe a duty of utmost care, higher than the duty of ordinary care, to protect their passengers and patrons from injury. Hotel chains, bus, elevator and escalator companies fit into this category.